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(영문) 의정부지방법원 2017. 10.19. 선고 2017가단116937 판결
건물명도(인도)
Cases

2017 Gaz. 116937 Building Names (Delivery)

Plaintiff

A

Defendant

B

Pleadings without Oral argument

Imposition of Judgment

October 19, 2017

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From August 7, 2017 to the date of completion of delivery of the real estate set forth in Section 15,430,990 won and from August 7, 2017, the amount of money calculated at the rate of KRW 800,000 per month shall be paid.

2. The costs of the lawsuit are assessed against the defendant.

3. Paragraph 1 can be provisionally executed.

Purport of claim

The same shall apply to the order.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Applicable provisions of Acts: Article 208 (3) 1, and Article 257 (Judgment without Holding Pleadings)

Judges

Judges Shin Young-chul

Site of separate sheet

Table 3

(Indication of one building)

D Apartment E, in the Gu-Si of the Gu-si,

Two cases, other than two neighborhood living facilities, 356.45 square meters on one floor, 272.33 square meters on two floors (a mark of land subject to site right) of reinforced concrete ment facilities, sloping roof, and sloping roof

C large 730 square meters in the Gu Government-si

(Indication of Section of Exclusive Ownership)

Second floor No. 204, reinforced concrete 30.81mJ neighborhood living facilities

(Indication of Site Right)

5.7639 last day of 75.7639

Grounds for Claim

1. The plaintiff is the building of D apartment E, 204, Dong-dong, 204 (hereinafter referred to as "the building of this case").

I. The owner of the building of this case. The defendant is the lessee of the building of this case. [A evidence No. 1]

2. On May 7, 201, the Plaintiff entered into a lease agreement with the Defendant and renewed the lease agreement on the terms of the contract, such as deposit of two million won for the instant building, monthly rent of eight million won, payment date of seven days each month in advance, and the duration of the lease agreement for two years from May 7, 2011.

3. In addition, the defendant continued to delay in operating the beauty room (F) after receiving delivery of the building of this case from the plaintiff according to the lease agreement. The plaintiff's demand to settle accounts over several times.

Accordingly, the defendant has renewed the settlement of accounts, and the plaintiff and the defendant concluded a last renewal of the lease contract (hereinafter referred to as "the lease contract of this case") with the terms of the special agreement on May 6, 2015. [See subparagraphs 1 through 2 of evidence No. 3 of this case]

4. In addition, on February 15, 2017, the Plaintiff notified the Defendant that the instant building will be ordered to be ordered to the Plaintiff at the same time as on May 7, 2017, with the Defendant’s declaration of refusal to renew the instant lease contract, due to the prolonged delay of rent by the Defendant, and it was confirmed by the Defendant. [See the evidence No. 4]

5. However, the Defendant, on May 1, 2017, paid 80,000 won to the Plaintiff as of May 1, 2017, was in the actual discontinuance of the cosmetic as of the date of the last payment, and thereafter, up to 14.4 million won (monthly rent of 800,000 won* 18 months) that is the overdue vehicle as of August 6, 2017, and is in arrears with the electric charge of 391,880 won (from April 2017 to July 2017) and the management fee of 639,100 won (from December 2016 to July 2017). [See subparagraph 5-3 of the evidence]

6. Accordingly, the Plaintiff’s closure of the above beauty room, which led to the claim of this case against the Defendant, which would inevitably be ordered to order the instant building as soon as possible from the Defendant, who is in the condition of opening contact with the said beauty room.

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